Curocom Energy LLC and Curo Holdings Co. Ltd v. Woolim Resources Development Company Ltd., Woolim Energy Holdings, LLC and Woolim Construction Company, Ltd

• Court: Court of Appeals of Texas
• Decided: January 28, 2016
• Docket: 01-14-00816-CV
• Status: Published

Opinion

Order issued January 28, 2016

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00816-CV ——————————— CUROCOM ENERGY LLC AND CURO HOLDINGS CO. LTD, Appellants/Cross-Appellees V. WOONG SOON EEM AND JASON KIM, Appellees

WOOLIM RESOURCES DEVELOPMENT COMPANY, LTD., WOOLIM ENERGY HOLDINGS, LLC AND WOOLIM CONSTRUCTION COMPANY, LTD., Appellees/Cross-Appellants

On Appeal from the 165th District Court Harris County, Texas Trial Court Case No. 2009-06630

MEMORANDUM ORDER

On October 10, 2014, Curocom Energy LLC and Curo Holdings Co. Ltd

(collectively, “Curocom”) filed an appeal of the trial court’s “Order Granting in Part and Denying in Part Defendants’ Motion for Judgment Non Obstante

Verdicto” signed on August 19, 2014 and a Final Judgment signed on September 3,

2014. On December 5, 2014, Woolim Resources Development Company, Ltd.,

Woolim Energy Holdings, LLC, and Woolim Construction Company, Ltd.

(collectively, “Woolim”) filed a cross-appeal. Curocom filed its opening brief on

April 13, 2015. Neither appellees Woong Soon Eem and Jason Kim nor

appellees/cross-appellants Woolim have filed briefs. On September 11, 2015,

Curocom filed a motion requesting that this Court (1) dismiss Woolim’s cross-

appeal for want of prosecution and (2) set Curocom’s appeal for submission

without briefs from appellees Kim and Eem. We grant the motion.

Cross-appellants Woolim have failed to timely file a brief in their cross-

appeal. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a)

(governing failure of appellant to file brief). After being notified that their cross-

appeal was subject to dismissal, Woolim did not respond. See TEX. R. APP. P.

42.3(b) (allowing involuntary dismissal of case). Accordingly, we grant Curocom’s

motion and dismiss Woolim’s cross-appeal for want of prosecution for failure to

timely file a brief. The appeal by Curocom remains pending.

Appellees Eem and Kim have failed to file a response brief in Curocom’s

pending appeal. See TEX. R. APP. P. 38.6(b). After being notified that the Court

will set this appeal for submission without the appellees’ briefs, appellees did not

2 respond. See TEX. R. APP. P. 38.9(a). Accordingly, the Curocom appeal will be set

for submission without appellees’ briefs.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Bland.